One interesting trend in my legal practice in recent years has been the rise of trademark dispute cases over domain names – the catchy, easy-to-remember online address of a business, like “southwest.com.” Perhaps this is not surprising, as much of our commerce these...
Crystal Broughan, Intellectual Property Attorney
After Failing to Protect Their Name in Indian Trial Court, Burger King Is Getting a Second Chance from the High Court
The following case comes with a few IP law reminders. First, where trademarks are concerned, location and timing matter. Second, it is possible for both sides to lose in a trademark lawsuit. And finally, when the battle is between David and Goliath, sometimes David...
Crystal Broughan: Video Series – How much does it cost to register my trademark? – Episode 6 | Notice of Opposition and Petition to Cancel
Petition to Cancel The trademark owner may need to file a Petition to Cancel another trademark registration if a prior registration is preventing the registration of your trademark. This is possible if your trademark has priority in commerce or if the other trademark...
OpenAI Is Facing Another Lawsuit – Must Be a Day Ending in “Y”
When it comes to hot button issues at the intersection of technology and intellectual property, Artificial Intelligence has taken the cake in the past few years. This blog has already featured several news stories about lawsuits against OpenAI for its products ChatGPT...
Crimson Tide vs. 4Aces: University of Alabama Files Trademark Opposition
We have covered many trademark opposition cases on this blog. A trademark opposition arises when a trademark application for a logo or brand name that looks and/or sounds too similar to a registered trademark is opposed by the owner of the trademark registration. The...
Do Karaoke Bars Need to Fear Copyright Lawsuits?
When you go out with friends to a karaoke bar, probably one of the last questions on your mind is: “Did the bar license this music?” Yet, bars and venues that stream music must pay fees in order to respect musicians’ copyrights and stay in the legal clear. However,...
New Group Copyright Registration Option for News Sites
A new group copyright registration option went into effect on July 22 of this year. The U.S. Copyright Office now allows news sites to register multiple “published updates…within the same calendar month” at the same time, rather than having to individually register...
Crystal Broughan: Video Series – How much does it cost to register my trademark? – Episode 5: What happens when the USPTO rejects your Application
Once the trademark application is filed, the state trademark office or the USPTO may refuse to register the trademark for many different reasons (you will receive an “Office Action”). A simple edit to the description of the mark or the goods and services may be...